The High Court allowed petitions to condone significant delays, set aside abatement caused by the death of respondents, and permitted the substitution of legal representatives in an appeal, directing registry to effect amendments.
Petitions allowed; abatement set aside; legal representatives permitted on record; amendments ordered in cause list.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.Nos.1355 to 1361 of 2008
in C.M.A.No.1860 of 2002
C.M.P.Nos.1355 to 1361 of 2008 in
C.M.A.No.1860 of 2002
M.DHANDAPANI, J.
These petitions are filed (i) to condone the delay of 1920 days in filing application to set aside the abatement caused due to the death of the first respondent (ii) to set aside the abatement caused due to the death of the first respondent (iii) to bring on record the respondents 5 to 10 as the legal representatives of the deceased first respondent and to array them as respondents 8 to 13 in the above appeal (iv) to condone the delay of 1492 days in filing application to set aside the abatement caused due to the death of the third respondent (v) to set aside the abatement caused due to the death of the third respondent (vi) to bring on record the respondents 11 to 18 as the legal representatives of the deceased third respondent and to array them as respondents 14 to 21 in the above appeal and (vii) to bring on record the respondents 19 to 24 as the legal representatives of the deceased fifth respondent and to array them as respondents 22 to 27 in the above appeal.
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C.M.P.Nos.1355 to 1361 of 2008
in C.M.A.No.1860 of 2002
serious objections in allowing these petitions.
affidavit filed in support of these petitions and in the facts and circumstances, the present petitions are allowed.
the same and print the name of the respondents in the cause list.
in C.M.A.No.1860 of 2002 and post the matter on 07.11.2023.
03.11.2023
vji
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C.M.P.Nos.1355 to 1361 of 2008 in C.M.A.No.1860 of 2002
M.DHANDAPANI, J.
vji
C.M.P.Nos.1355 to 1361 of 2008 in C.M.A.No.1860 of 2002
03.11.2023
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3 issues framed by the court
Whether to condone the delay in filing applications to set aside abatement due to death of respondents.
Whether to allow bringing legal representatives of deceased respondents on record and arraying them.
Whether to allow amendments in the cause list to include additional respondents.
Petitioner(s)
Respondent(s)
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
